California fights feds over rest break rules for bus drivers

SAN FRANCISCO (CN) — An attorney for California told a Ninth Circuit panel Thursday that the federal government is trying to run over bus drivers with arbitrary rules about when they can take breaks.

The Golden State has its own regulations governing when bus drivers must take breaks from their job. They include more breaks than those of the Federal Motor Carrier Safety Administration, which seeks to preempt California and impose its own rules, said attorney Casey Raymond, representing the state’s labor commissioner.

“People often don’t know their level of fatigue when driving,” Raymond said, adding later: “The drivers don’t know their own level of fatigue. That’s why they need to take a break.”

The panel made no decision Thursday.

The hearing before the three-judge panel stems from a 2020 decision by the administration that preempted California’s labor laws for bus drivers. On Thursday, Raymond argued requiring a midshift break is essential, as they differ from taking a break at a shift’s end.

It’s an issue the appeals court decided in 2021 for truck drivers. The court ruled in International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration that federal law did, in fact, preempt California rules for truckers’ rest and meal breaks. The administration determined California’s rules were more stringent, as they required more breaks with less flexibility, and the Ninth Circuit agreed.

The panel questioned why Teamsters wouldn’t also apply to the labor commissioner’s case involving bus drivers.

“To me, they seem like the same area,” U.S. Circuit Judge Holly Thomas, a Joe Biden appointee, said.

According to Raymond, the key difference is where the administration has preemption power.

In Teamsters, the Ninth Circuit determined that authority existed for truck drivers because the federal government already had its own midshift break rules. However, the federal government has no midshift break rules for bus drivers, and thus no power to preempt California’s rules, Raymond argued.

U.S. Circuit Judge Consuelo Callahan, a George W. Bush appointee, questioned whether the state believes it’s more knowledgeable than the federal agency that regulates motor carriers.

“I’m just saying, California knows better than the feds,” she quipped. “That’s the theme here.”

Representing the administration, attorney Jennifer Utrecht argued truck drivers differ from bus drivers. The latter requires passengers transferring to other vehicles, as well as passenger rest stops. The economic reality is that bus drivers take breaks along with their passengers.

Ultimately, the question before the panel was whether California had imposed rules in an area already regulated by the federal administration. It has, Utrecht said, and the administration can preempt state rules in that example.

Given a chance to rebut, Raymond said the administration’s preemption authority is narrow. Teamsters focused on truck drivers, and the administration wants to expand that authority to bus drivers.

“Here, they’re trying to stretch their authority even more,” he added.

California workers typically are given a 30-minute meal break for shifts of five hours or more and a 10-minute break per four hours of work.

Administration safety regulations allow bus drivers to work shifts of up to 15 hours without a break, which can include 10 hours of driving.

Raymond pointed to that 10-hour driving requirement as a reason to maintain California’s midshift break rules.

“I think there is no flexibility here,” he said of the administration’s rules.

The panel was rounded out by U.S. Circuit Judge Anthony Johnstone, a Biden appointee.